107.085 Request for waiver of formalities -- Recordation.
Download pdf
Loading PDF...
<![CDATA[107.085 Request for waiver of formalities -- Recordation. In the event the owner or owners of all property or properties which will be subject to <br>assessment for an improvement proposed to be undertaken shall tender to the city their <br>written request or requests, that the improvement be undertaken and financed according <br>to KRS 107.010 to 107.220, and shall waive the formalities of the "First Ordinance," the <br>holding of a public hearing, the "Second Ordinance," and the provisions of KRS 107.060, <br>permitting litigation; the governing body may, in its discretion, dispense with all of said <br>proceedings and formalities, and may proceed as provided in KRS 107.090 with reference <br>to the "Third Ordinance"; but in all such instances, the written requests of the owners of <br>all properties which will be subject to assessment shall be in recordable form and shall be <br>recorded in the office of the county clerk of the county wherein the respective properties <br>may be situated, and said clerk is authorized to record such instruments as in the case of <br>mortgages, and may charge and receive fees therefor as in the case of mortgages. Each <br>ordinance by which an improvement is undertaken according to this section shall contain <br>a recitation of the receiving of written requests and waivers from the owners of all <br>properties which will be subject to assessment for each such improvement. In such <br>instances the lien for which provision is made in KRS 107.160 shall attach upon <br>publication of the ordinance (equivalent to the "Third Ordinance") which authorizes <br>issuance of the improvement assessment bonds. Effective: June 17, 1978 <br>History: Amended 1978 Ky. Acts ch. 384, sec. 236, effective June 17, 1978. -- Created 1960 Ky. Acts ch. 226, sec. 4, effective March 30, 1960. ]]>